Bicycle Accident Attorneys
As Lawyers AND Cyclists We Understand Bicycle Accidents
If you were involved in a bicycle accident, and looking for a lawyer who understands what you are going through, then you found the right place. At Kaire & Heffernan, we are not only lawyers, but also avid cyclists. Our firm is unique in that we not only understand how bicycle accidents happen, but also have the ability, from our years of handling medical malpractice cases, to understand your injuries. We work with the best experts to provide you with the best possible representation.
I am sure the last thing you expected when you went out for that ride was that you would be looking for an attorney. We understand the process and choices can be overwhelming. Which doctor do I go to? Who will pay for my lost wages and medical bills? What about my bike? Feel free to call and we can answer your questions. We don’t advertise on TV, bus benches or taxicabs, we rather you ask some of our fellow lawyers or some of your cycling friends about us. We believe, as we hope you do, that choosing the right attorney is critical, and should not be made on the basis of a commercial with a client holding up a check, but rather on the basis of who is best equipped to help you get the results you deserve.
Every year hundreds of people in Miami end up with serious injuries while bike riding. Miami has beautiful scenery but very few dedicated bike paths. So most bicyclists have no choice but to share the road with cars, motorcycles, buses and commercial vehicles.
Bicyclists understand this risk and take precautions to be seen and be safe. However, certain drivers on the road do not. They fail to see the bicyclist, perhaps because they are distracted. They do not give right of way at intersections. They open their vehicles doors without carefully looking to see if a bicyclist is moving towards their parked car. Worst yet, some drivers simply don’t care, and drive in a reckless fashion. Whatever the reason, these acts of negligence cause serious and sometimes fatal injuries.
Similar to car accidents, a cyclist is entitled to compensation for the other person’s negligence. Mark Kaire is an avid cyclist. He too rides the same Miami roadways that you ride every day. Kaire & Heffernan, L.L.C., have won over $1 million in settlements for bicycle accident victims in Miami and greater Florida since 1997.
Who Will Pay For?
The damage to your bicycle can be a significant item of damages. If you were riding a carbon frame, then the bike is most likely a total loss. Even if you cannot see cracks in the frame, an accident can compromise the structural integrity of the bike. We will work with the insurance company to get you a new bike. We do not charge a fee for handling your property damage, but rather offer this service as a courtesy. Either way, the at fault driver is responsible for the damages to repair your bike or for the cost of a replacement bike.
Your Medical Bills
The answer may surprise you. If you owned a car at the time of the accident or resided with a relative that owned a car then your car insurance company-or your relatives will pay your medical bills up to $10,000.00. This is known as PIP or No-fault. I know, it makes no sense, but that is the No fault law. The most common question we get asked is, If I wasn’t at fault and not in my car, then why is my car insurance going to pay for my medical bills? However, if you do not own a car or live with a relative that owns a car, then the at fault drivers PIP insurance carrier will pay your medical bills, up to $10,000.00. The balance will be paid to you from the at fault drivers Bodily injury liability policy. Future medical bills are part of your settlement.
Your Lost Wages
See my medical bills above. The only difference is that lost wages are payable at 60% of your gross wages, as opposed to medical bills which are payable at 80%. Again, the damages payable under PIP are limited to $10,000.00, with any excess being claimed as part of your settlement. Future lost wages are part of your settlement.
This is all encompassing and involves compensation for your pain and suffering, loss of enjoyment of life, mental anguish, scarring, disfigurement, and wrongful death damages. These damages are payable from the at fault driver’s bodily injury liability insurance carrier or your uninsured motorist carrier. These are the damages, along with your past lost wages and medical bills (in excess of $10,000.00) and future lost wages and medical bills that we will seek to recover for you.
What Are The Most Common Injuries?
There is no commonality when it comes to bicycle injuries. Every accident is different and horrific in its own way. That being said, the most common injury is probably a fractured collarbone. A rider will instinctively extend his arms when falling, and unfortunately the force on impact can lead to a broken collarbone. Obviously, bicyclists have little to no protection against a vehicle and being thrown head first into on-coming traffic or smack onto the asphalt can result in life-changing injuries like –
- Back and spine injuries
- Traumatic Brain Injury
- Head injury
- Broken bones
Did you Know?
- According to the National Highway Traffic Safety Administration (NHTSA) 2% of all traffic related fatalities were bicyclists. In 2011, as a Nation we lost 677 cyclists.
- Of the 677 cyclists, 14% were children under 14 years of age.
- You can download a Bicycle Safety Kit from the NHTSA site and there are bike- riding clinics to join too.
- Do you know the correct procedures for fitting a bike helmet? You can learn more at the NHTSA website.
You have been Knocked off your Bike while Riding
After a collision, remain calm and do not discuss who is at fault. If you are capable, you will need to exchange personal information and insurance Information with the other person.
It is great to take photos and get witness information. Record as much as you can on the scene. Every detail is important in the evaluation of your case.
What an Attorney can do for you
Kaire & Heffernan, LLC have successfully represented clients in serious and complex bicycle accidents. We are there to support you through your recovery, and to help you get the compensation you deserve for your injuries. We will do everything to make this process move fast as possible, but yet will not sacrifice results for a quick settlement. This can involve speaking to your local bike mechanic about the damages to your bike, interviewing witnesses, reviewing your medical records, preparing a demand for the insurance company, negotiation with the Insurance Company and if need be filing a lawsuit. Our only rule is that the client comes first
Speak with Kaire & Heffernan, LLC To set up a free initial consultation call 305-372-0123 or 877-662-5399 toll-free. You can also fill out and submit our Contact Us online form and we will respond as soon as possible.
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